Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Def was sixteen years old and had been the victim of bullying in his school for several years. He was diagnosed with Generalized Anxiety Disorder
Def was sixteen years old and had been the victim of bullying in his school for several years. He was diagnosed with Generalized Anxiety Disorder by a psychologist but had not consistently followed through with the recommendations of his psychologist. His parents were aware of his diagnosis and knew that he was suffering due to the ongoing bullying. They had tried to work with school administrators to mitigate the problem, but the school's efforts had not been effective. One day, a group of students who regularly bulled Def decided to play a prank on him. They posted a humiliating photo of him on social media, and Def felt like everyone in the school was mocking him and laughing at him for the entire day. He went home and told his parents what he had experienced. Def's parents were concerned about his safety and were worried that the bullying could escalate into violence against their son. They gave Def one of their lawfully registered firearms and some ammunition, encouraging him to carry the gun with him for protection but not to use it unless it was absolutely necessary. They spent time teaching him about basic gun safety in an effort to prevent any accidents from happening. Neither Def nor his parents realized that in their jurisdiction, it was a felony for a minor to carry a firearm, even if the gun was properly registered to the minor's parents. The following day, Def carried the gun in his backpack as he walked to the park to play basketball with some friends. The group of students who had bullied him the day before saw him walking down the street and walked towards him, laughing and teasing him about the photo they had posted on social media the day before. Def felt both angry and humiliated. Overwhelmed with emotion, he reached into his backpack, pulled out the gun, and shot one of the bullying students in the head, killing him instantly. Def was arrested and was charged with being a Minor in Possession of a Firearm along with various homicide offenses. The crime of being a Minor in Possession of a Firearm is defined as follows in this jurisdiction: "It is a felony for any person under the age of 18 years old to knowingly possess a firearm regardless of whether the firearm itself is licensed or registered." 1. How likely is it that Def could be convicted of first or second degree murder based on a theory of felony murder. Please limit your discussion here to felony murder liability triggered by the charge of being a Minor in Possession of a Firearm, as defined in this jurisdiction and consider how the outcome could vary depending on which rule the jurisdiction uses to analyze whether this felony triggers the felony murder doctrine. 2. Discuss the likelihood that Def could be convicted of second degree murder and/or voluntary manslaughter under a theory other than felony murder. When analyzing voluntary manslaughter, please apply the modern majority rule that we studied. 3. Def's parents were also charged with involuntary manslaughter based on a theory of accomplice liability for their role in the crime. Please discuss the strengths and weaknesses of this charge against them. Please analyze each question as thoroughly as possible. In addition, please also list a general step-by-step skeleton for how to address the crimes and elements of each question in an legal essay IRAC format
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started